PENNSYLVANIA FAQ’S

Consumer Bankruptcy FAQs

Q

What is the cost of filing a bankruptcy petition?

A The Bankruptcy Court filing fee for a Chapter 7 bankruptcy case is presently $335.00. The filing fee is $310.00 for a Chapter 13 case. The legal fee is determined after the initial consultation, or can be estimated over the telephone. In a Chapter 13 case, much or all of the legal fee can be paid through the Chapter 13 plan.

Estate Planning FAQ

Q

Do I need legal help?

A

By scheduling a consultation with an attorney, your legal questions with regard to settling the estate can be answered. The attorney would be able to advise you as to whether or not an estate needs to be raised in view of the particular facts and circumstances of each individual estate.

You will want to consult with an attorney who concentrates their practice in estates as they will be experienced in dealing with the variety of legal issues that could be involved in settling an estate.

FAMILY LAW FAQ

Q

What is Custody and Visitation?

A

There are two aspects to custody, physical and legal custody. Physical custody refers to the actual physical possession and control of a minor child {under 18 years of age}. Legal custody refers to the right to make major life decisions for the child regarding such issues as education, religion and non-emergency medical treatment.

Custody comes in many forms: temporary, sole, split, shared and partial. Temporary custody may be granted upon the filing of a Motion for Pendente in Lite {“pending litigation”}. Upon review of your Motion, the Court will make a decision based on the “best interest of the child” standard. {See “How does a judge make decisions about custody?” below}. In order to be granted temporary custody, you must file a request for hearing along with an Order for Temporary Custody and Support with your Divorce or Custody Complaint.

Sole custody occurs when one parent has both physical and legal custody of the child. Split custody occurs when there is more than one child and each parent receives full physical custody over at least one child.

Shared custody can be granted in several ways. Parents have shared legal custody when they take care of the child but the child has only one primary residence. Shared physical custody occurs when the child has more than one primary residence and spends at least 35% of his or her time with the other parent. Parents can also reach agreements that are any combination of the two.

Partial Custody is what many parents consider visitation; however “visitation” only grants the right to visit a child, not the right to remove the child from the custodial parent’s control, which is what defines partial custody.

GENERAL LITIGATION FAQ’S

Q

What types of cases does your firm handle?

A

Our firm handles a wide variety of litigation in northeastern Pennsylvania in both federal and state courts. Our practice areas include personal injury litigation, products liability, complex commercial litigation, land use cases, and federal litigation. We also have a significant appellate practice and our attorneys appear on a regular basis in the Pennsylvania and Federal appellate courts.

PERSONAL INJURY FAQ’S

Q

The other driver’s insurance company has called me – what do I do?

A

It is unwise to talk to any insurance representative – even your own – until you have consulted with legal counsel. If an insurance representative calls you, politely advise them you are in the process of engaging an attorney, and you will instruct your attorney to call them ASAP.

REAL ESTATE FAQ’S

1. Do I need an attorney when I purchase real estate in Pennsylvania?

Unlike in some states, you are not required by law to retain an attorney when you purchase real estate in Pennsylvania. However, keep in mind that the purchase of real state is often the largest financial investment that an individual makes during his or her lifetime. The typical transaction is likely to involve lengthy contracts, legal documents and title insurance which are often quite complex and difficult to understand.